Poem not against any religion: Supreme Court on FIR against Congress MP Imran Pratapgarhi

The Supreme Court on Monday observed that the Gujarat High Court had failed to understand the meaning of a poem uploaded by Congress Member of Parliament (MP) Imran Pratapgarhi, who had sought quashing of a criminal case registered against him over the online post. .The Bench of Justice AS Oka and Justice Ujjal Bhuyan remarked that poem over which Pratapgarhi has been booked by the police, was not against any particular religion or community. "The [High] Court has not even appreciated the meaning of the poem and it is ultimately a poem," Justice Oka remarked.After looking at the English translation of the poem uploaded by Pratapgarhi, the Court further said,"It is not against any religion. This is a poem which says that indirectly ... this means that even if somebody else indulges in violence, we will not indulge in violence. That's the message which this poem gives that we will quietly suffer the violence but we will not do anything. So that somebody who indulges in violence will be dethroned. It is not against any particular community.".Pratapgarhi was booked by the police in Gujarat on a complaint moved by an advocate's clerk. According to the Deccan Herald, it was alleged that the Congress MP had posted a video on social media with a poem "ae khoon ke pyase baat suno..." running in the background.Gujarat Police have invoked Section 197 (imputations, assertions prejudicial to national integration), 299 (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting it religion or religious beliefs) and 302 (Uttering words, etc., with deliberate intent to wound religious feelings of any person) of the Bharatiya Nyaya Sanhita (BNS) against him.Pratapgarhi approached the Supreme Court after Gujarat High Court on January 17 refused to quash the FIR.The top court last month stayed proceedings in the case against him.."As the investigation is at a very nascent stage, I find no reason to exercise my powers under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 or under Article 226 of the Constitution of India," Justice Sandeep N Bhat had said in the order.The single-judge also remarked that the responses received to the social media post indicate that message was posted in a manner "which certainly create disturbance in social harmony.""It is expected from any citizen of India that he should behave in a manner where the communal harmony or social harmony should not be disturbed and the petitioner, who is a Member of Parliament, is expected to behave in some more restricted manner as he is expected to know more about the repercussions of such post," the High Court said..During the hearing before the top court today, Senior Advocate Kapil Sibal, who represented Pratapgarhi, said,"The [High Court] judge has done violence to the law! That is my worry.".Meanwhile, the State sought time to respond to Pratapgarhi's petition. Granting the request, the Court, while addressing the counsel representing the State, said,"Just apply your mind to the poem. Ultimately, creativity is also important".